Nevada Supreme Court Considers Foreclosure Mediation Program Changes

The Nevada Supreme Court is set to again consider proposed amendments to the existing rules that comprise the current Nevada Foreclosure Mediation Program. The program is now on its second year. The court acknowledges that several additional changes to the rules would make the current program process more responsive and efficient. Those changes are set to benefit the lenders and the homeowners.

Justice Mark Gibbons was quoted as saying that issues that arise from the program are complex. He added that the Foreclosure Mediation program as well as the state court aim to be ready to be more responsive in making necessary amendments to the current foreclosure rules in the state.

The proposed changes would be the fifth set of amendments since the Nevada Foreclosure Mediation program was enacted in July 2009. It was a requirement for the Supreme Court to draft the program rules barely a month following the passing of the Assembly Bill 149 by the Nevada Legislature, which created the program. Thus, the program rules are logically open for anticipated and logical periodic rule changes.

The Supreme Court’s goal for amending program rules is to make sure the Foreclosure Mediation Program would be available for those who are qualified to get it. The program aims to cover both lenders and homeowners.

The proposed changes include expansion of controls over mediators that may not comply with requirements of the program. The amendments would also define conflicts that disqualify mediators. Other proposed changes are: definition of entities that are eligible for mediations, provision of requirement notices for participation of homeowners and lenders, and prohibition for persons to obtain powers of attorney in receiving compensation.

The changes also aim to modify rules regarding exchange of documents and establishment of fee schedules for mediators. The amendments would also require disclosure of exact dates when the homeowner should vacate a home after foreclosure.

The hearing on such changes would be open to all. It would be conducted on December 6 at 2 pm. It would be held at the Las Vegas courtroom of the Supreme Court. The court also welcomes written comments about the proposed rule changes.

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